Comptroller Thomas DiNapoli and Albany County District Attorney David Soares’ office are expected to jointly announce at 11 a.m. today their inquiry into the project at the West Albany Rod and Gun Club today.

A letter from the state comptroller’s office informing the town of the audit arrived at Town Hall Tuesday. But the letter apparently did not mention Soares’ office.

Democratic Supervisor Candidate Paula Mahan originally asked Soares to probe the matter for potential public integrity violations. Colonie Democratic Chairman Phillip Steck has said it may be an issue best reviewed by DiNapoli’s office. It seems as though both will get their wish.

Steck says he’s convinced the work violated state law. Town Attorney Arnis Zilgme is equally adamant that it did not. Both cite state Comptroller’s Office opinions to support their argument.

The town, for its part, says the inquiry was not unexpected. After completing their own internal audit, they forward the results to Soares. Officials have also said they would open to a comptroller’s audit.

The letter, according to Supervisor Mary Brizzell, said it would be several weeks before the audit got underway. DiNapoli’s office is already doing a routine municipal audit of the town’s finances.

Jordan Carleo-Evangelist

14 Responses

At least we will now have a less biased inquiry into this fiasco. People will try to claim that Soares has connections to Mahan, but it will be impossible to say the same thing about Dinapoli. DiNapoli will be running for re-election and would not put his integrity on the line for a case about dirt in upstate NY.

More importantly, the New York State Comptroller will be able to make a formal finding about whether or not this escapade was legal, and will presumably make formal recommendations to the town as to appropriate conduct going forward.

What follows is a press release from the New York State Comptroller Thomas DiNapoli:

“DiNapoli and Soares Announce Joint Probe of
Town of Colonie Work on Property Owned by Private Club

State Comptroller Thomas P. DiNapoli and Albany County District Attorney David Soares announced today that their offices will review the Town of Colonie’s use of town employees and equipment to fill, grade and improve property owned by a private club. At Soares’ request, DiNapoli’s office reviewed the situation and decided to conduct an audit of these activities in addition to completing another, ongoing audit of the town. DiNapoli will work with Soares, who is conducting an inquiry of the matter to determine if there was any criminal wrongdoing.

“We need to look at what occurred in Colonie and determine whether or not it was appropriate,” DiNapoli said. “An internal review by the town board concluded there was ‘no evidence of fraud or abuse,’ but our analysis indicates that an audit by my office is in fact warranted. Taking another look can’t hurt. The public wants to know and should know exactly what happened.”

“As with all cases involving public integrity, we will begin the inquiry into the Town of Colonie by gathering all relevant materials and conducting a preliminary review to determine if criminal liability can be assessed. Based on the joint findings of both my Public Integrity Unit and the Office of the Comptroller, we will take the appropriate next steps,” commented DA Soares.

According to news reports, town personnel deposited some 2,600 tons of fill on property owned by the West Albany Rod & Gun Club. The town used taxpayer-owned dump trucks to bring the fill to the club site and earth-moving equipment to grade the fill. They also improved a parking lot and driveway. Town records indicate that town workers spent nearly two weeks on the work, at times using 10 vehicles a day. The fill was from excavations done by town personnel.

Reports indicate that several town officials were members of the club when this activity took place.”

Wow did this get interesting, hmm wonder where Colonie Maverick is, I was sure he would be able to sum all this up.
Well I think they got the right idea, this is not about money but about doing the right thing.
I guess the thing is, ‘stay tuned”

Govt by the people, Colonie Maverick probably realizes that any comments he offers now will be viewed as increasingly surreal by the rest of us. That, or he’s actually one of the principals involved in this mess on the town’s end, and the less he actually says right now, the better for him personally.

Hello Colonie Town Democrats. Glad to see you guys are obsessing over me this afternoon. Sorry I wasn’t here earlier. I actually have a job with work to do so I can’t be here all day like you guys.

1)I have zero problem with Dinapoli’s office looking at the findings. In fact I encourage it.

2)Didn’t the town of Colonie send Soares their audit? I just thought it was interesting that Paula Mahan, a woman who gives a ton of money to Soares and whose father in law received a simliar type deal why her husband was on the town board, is thinking he is some independent authority…

3)I am not running for office, nor am I currently in office or have I ever been an elected official/candidate in the town or anywhere else for that matter. If I was, it would be stupid of me to post here. Just like Bob Becker posting here from his state office or paula mahan under concerned citizen posting here.

4)When you guys all lose your election again this year, what will be the next phony scandal you go after?

“Hello Colonie Town Democrats. Glad to see you guys are obsessing over me this afternoon. Sorry I wasn’t here earlier. I actually have a job with work to do so I can’t be here all day like you guys.”

Why would you assume that the only people who have a problem with the way the current administration is running the store are Democrats, or that Democrats don’t have jobs that they go to, or that the only people who post here that are critical of the present town administration are Democrats? Oh yeah you also think that people are “obsessing” over you. You really are a funny fellow, and you overly flatter yourself.

“1)I have zero problem with Dinapoli’s office looking at the findings. In fact I encourage it.”

Bulletin to Colonie Maverick, Comptroller DiNapoli is not “looking at the findings”. He’s *conducting his own investigation* of the *entire matter* along with the Albany County District Attorney. We’ll see what conclusions they come to, and then what your response is.

“2)Didn’t the town of Colonie send Soares their audit? I just thought it was interesting that Paula Mahan, a woman who gives a ton of money to Soares and whose father in law received a simliar type deal why her husband was on the town board, is thinking he is some independent authority…”

The point is that this is an *independent audit* that they will complete *starting at square one*. They also at some point I presume are going to question witnesses *under oath*, which was not done by the ad hoc committee that completed the Town’s audit of this matter. *That* is how you get at the truth, by putting people *under oath* and asking them questions under penalty of perjury.

“3)I am not running for office, nor am I currently in office or have I ever been an elected official/candidate in the town or anywhere else for that matter. If I was, it would be stupid of me to post here. Just like Bob Becker posting here from his state office or paula mahan under concerned citizen posting here.”

You’re very humorous.

“4)When you guys all lose your election again this year, what will be the next phony scandal you go after?”

No phony scandal here- just the facts of a town that has been *run into the ground* by the current administration over the past 6 years. In particular over the past 4+ years (since July of 2003) the town’s credit rating has been consistently lowered by Moody’s from Aa3 to A2 in May of 2006 and then to Baa1 in September of 2006. The town has gone from operating reserves of *12.2 million dollars in 2001* to an operating deficit of *8.5 million today*. In their notice dated June 6 of this year, Moody’s also issued a negative outlook for the Town of Colonie, which presages a *further lowering* of the town’s credit rating. Moody’s in their statement commented, “DETERIORIATED FINANCIAL POSITION MARKED BY SIX CONSECUTIVE YEARS OF OPERATING DEFICITS AND ACCUMULATED DEFICITS IN GENERAL HIGHWAY AND LANDFILL FUNDS. Moody’s believes that the town will be challenged to restore structural balance and reduce its accumulated deficits in the near to medium term, absent adoption of a viable turnaround strategy. *The town’s financial position has deteriorated markedly in recent years as evidenced by a reduction in General Fund reserves from a healthy $12.2 million or 31% of revenues in 2001 to a deficit, 7.7 million or -18.5 of revenues in fiscal 2005. The town General Fund ended 2006 with a $448,000.00 operating deficit, growing the accumulated deficit to -$8.5 million or a substantial 18.9% of revenues.*” and “Assignment of the negative outlook reflects the *absence of a formally adopted plan to fund the town’s growing cumulative General, Highway and Landfill Fund deficits as well as the ongoing lack of structural balance in these funds*. Notwithstanding the tax shift that took place in fiscal 2006, Moody’s believes that the town will face significant challenges in achieving structurally balanced operations in the near and medium term.” Moody’s Global Credit Research, June 6, 2007

The incumbents simply have not done a very good job over the last half dozen or so years minding the entirety of the store. *That* is the most significant issue, and the one which will sink their ship. Given what has happened here, if the voters renew the contract with these folks, they deserve whatever misery the future holds.

See I knew Mav would be by to spice things up.
I have now read the paper etc etc and I think Soares and these guys got the complaints and everything because of Mahan standing up for the working taxpayers, I don’t want to sound to one sided here but from what I am reading, the report being sent to the NYS Comptrollers office was after everyone protested the activity, not so much because they wanted an independent investigation.
Do me a solid on this father in law let leave the Senior citizen out of it I am guessing he can’t defend himself as most Seniors don’t blog.
Lets just stick to the mud that the Current admistration has put themselves into.

#11
“See I knew Mav would be by to spice things up.
I have now read the paper etc etc and I think Soares and these guys got the complaints and everything because of Mahan standing up for the working taxpayers, I don’t want to sound to one sided here but from what I am reading, the report being sent to the NYS Comptrollers office was after everyone protested the activity, not so much because they wanted an independent investigation.
Do me a solid on this father in law let leave the Senior citizen out of it I am guessing he can’t defend himself as most Seniors don’t blog.
Lets just stick to the mud that the Current admistration has put themselves into.”

Oh I see, we should selectively leave people out who you side with. We should also take age into consideration if wrong doing has been done…

You political hacks are hilarious. Democrats can do no wrong. Would it make you feel better to know the liar Paula Mahan, her husband and father-in-law were republicans at the time? So can we investigate now?

Mav, I thing this is getting under your skin.
Problem here is I have not read anything that said this guy did anything wrong. Did he own a business that had a parking lot redone and a road, I am guessing not.
Hey you want to pick on a Senior go right ahead I can’t stop you.
This may surprise you but Republicans are not the enemy here, its just wrong doing that has got this story so far along. In this case the adminstration is a one party system which by the very definition is not going to be able to police itself, thats why we have multiple parties with different viewpoints that can keep each other on there toes to the benefit of the taxpayer.
Its called govt by the people. C’mon catchy….

The only “political hack” here appears to be you my friend. I have no problem with a *full investigation* of *all* of the Town’s disposal of “spoils” in this case and going back through time. If you want to suggest that Paula Mahan’s father-in-law had work done on his property that approaches the scope of the work done at the Rod and Gun Club, I invite you to provide real proof to support that fantastic allegation. (You of course I know won’t) Otherwise your smoke and fog routine is coming up rather flat. The voters are going to have the opportunity on November 6th to renew the contract of a crew that frankly has not done a very good job since 2001, notwithstanding your best advocacy here.

Here are some of the headlines trumpeting some of their achievements over that time:

MISUSE OF FUNDS PROMPTS RESIGNATION January 16, 2001 Times Union page B4
(The Vincent Marini Case in which he stole $2,600.00 in town funds to purchase a plow blade for his own personal vehicle and use)

PARAMEDIC’S CASE RAISES QUESTIONS April 16, 2004 Times Union Page B6
(The first reportage of the Skerker Affair, which has cost the taxpayers of the Town at least a quarter of a million dollars. We still have yet to have a full and complete accounting of what this misadventure cost the town’s taxpayers, and Mr. Arnis Zilgme, who is at the center of both this case and the Rod and Gun Club mess, is *still* in the employ of the citizens of the Town of Colonie)

Attorney suspended after misconduct ruling August 6, 2005 Daily Gazette page B1 (The case of Richard DiStefano, former Town Judge who was ultimately forced to resign his seat on the bench because of his misconduct and suspended from the practice of law.)

Colonie pays the price – Town taxpayers must shoulder the burden of settling cases filed over phony subpoenas January 24, 2007 The Times Union Page A12 (Editorial about the Skerker Affair)

Former paramedic to get $225,000 from Colonie – Town agrees to settlement for issuing criminal subpoenas to find the source of e-mails January 19, 2007 The Times Union Page A1
(ongoing reportage of the Skerker Affair)

Colonie needs 2nd opinion on gift to club October 4, 2007 The Daily Gazette Page A11 (Editorial on Rod and Gun Club mess)

Many many more articles that could be quoted documending the shabby manner in which the current team (who has been in power forever, BTW as Colonie Maverick delights in informing us) has proudly served the citizenry of the Town of Colonie. It’s *their* record. All of these articles were printed in the newspapers on the dates that I have indicated. I invite *anybody* who doubts their veracity to check for themselves, it’s all true. It’s frankly not a very flattering record. This garbage never ever would have happened *without heads rolling* when Fred Field was the Town Supervisor.